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The Protection of Charities Assets (Exemption) (Scotland) Order 2006

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Protection of Charities Assets (Exemption) (Scotland) Order 2006 No. 220

Draft Order laid before the Scottish Parliament under section 103(5) of the Charities and Trustee Investment (Scotland) Act 2005, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2006 No.

CHARITIES

The Protection of Charities Assets (Exemption) (Scotland) Order 2006

Made

2006

Coming into force

24th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 19(8) and (9) of the Charities and Trustee Investment (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 103(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  This Order may be cited as the Protection of Charities Assets (Exemption) (Scotland) Order 2006 and shall come into force on the 24th April 2006.

Protection of Assets

2.  Subsections (1) to (7) of section 19 of the Charities and Trustee Investment (Scotland) Act 2005 are disapplied in relation to the property owned by–

(a)the bodies specified in Part 1 (Non-departmental Public Bodies) and Part 2 (Further Education Colleges) of the Schedule to this Order; and

(b)the Higher Education Institutions specified in the first column in Part 3 of the Schedule to this Order and the corresponding governing bodies specified in the second column in Part 3 of that Schedule.

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

Article 2

SCHEDULESPECIFIED BODIES

Part 1 –Non-departmental Public Bodies

The Board of Trustees of the National Galleries of Scotland

The Board of Trustees of the National Museums of Scotland

The Board of Trustees of the Royal Botanic Garden Edinburgh

The General Teaching Council for Scotland

Learning and Teaching Scotland

Royal Commission on the Ancient and Historical Monuments of Scotland

National Theatre of Scotland

Scottish Arts Council

Scottish Natural Heritage

Scottish Qualifications Authority

Scottish Screen

Scottish Sports Council

The Trustees of the National Library of Scotland

Part 2 –Further Education Colleges

The Board of Management of Aberdeen College of Further Education

The Board of Management of Adam Smith College, Fife

The Board of Management of Angus College of Further Education

The Board of Management of Anniesland College

The Board of Management of Ayr College

The Board of Management of Banff and Buchan College of Further Education

The Board of Management of the Barony College

The Board of Management of Borders College

The Board of Management of Cardonald College

The Board of Management of Central College of Commerce

The Board of Management of Clydebank College

The Board of Management of Coatbridge College

The Board of Management of Cumbernauld College

The Board of Management of Dumfries and Galloway College

The Board of Management of Dundee College

The Board of Management of Edinburgh’s Telford College

The Board of Management of Elmwood College

The Board of Management of Forth Valley College of Further and Higher Education

The Board of Management of Glasgow College of Nautical Science

The Board of Management of Glasgow Metropolitan College

The Board of Management of Inverness College

The Board of Management of James Watt College of Further and Higher Education

The Board of Management of Jewel and Esk Valley College

The Board of Management of John Wheatley College

The Board of Management of Kilmarnock College

The Board of Management of Langside College

The Board of Management of Lauder College

The Board of Management of Lews Castle College

The Board of Management of Moray College

The Board of Management of Motherwell College

The Board of Management of Newbattle Abbey College

The Board of Management of North Glasgow College

The Board of Management of the North Highland College

The Board of Management of Oatridge Agricultural College

The Board of Management of Orkney College

The Board of Management of Perth College

The Board of Management of Reid Kerr College

The Board of Management of Sabhal Mòr Ostaig

The Board of Management of Shetland College

The Board of Management of South Lanarkshire College

The Board of Management of Stevenson College Edinburgh

The Board of Management of Stow College

The Board of Management of West Lothian College

Part 3 –Higher Education Institutions

Higher Education InstitutionGoverning Body
Bell College of TechnologyBoard of Governors
Edinburgh College of ArtBoard of Governors
Glasgow Caledonian UniversityUniversity Court
Glasgow School of ArtThe Governors
Heriot-Watt UniversityUniversity Court
Napier UniversityUniversity Court
The Open University (so far as carrying on activities in or as regards Scotland)The Council
Queen Margaret University CollegeGoverning Body
The Robert Gordon UniversityThe Governors
Royal Scottish Academy of Music and DramaBoard of Governors
UHI Millennium InstituteBoard of Governors
University of AberdeenUniversity Court
University of Abertay, DundeeUniversity Court
University of DundeeUniversity Court
University of EdinburghUniversity Court
University of GlasgowUniversity Court
University of PaisleyUniversity Court
University of St. AndrewsUniversity Court
University of StirlingUniversity Court
University of StrathclydeUniversity Court

Explanatory Note

(This note is not part of the Order)

By this Order, Scottish Ministers have disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the property and income owned by the bodies listed in the Schedule to the Order.

Section 19(1) of the 2005 Act provides that when a body is removed from the Scottish Charity Register (established by section 3 of the 2005 Act), it remains under a duty to apply property and income held by it before it was removed, in accordance with its purposes as set out on the register. Section 19(2) to (7) of the 2005 Act protects such assets and ensures that the Scottish Charity Regulator (established by section 1 of the 2005 Act), can continue to oversee the use of the property and income even though the body holding that property and income is no longer a charity, by ensuring that several provisions of the 2005 Act continue to apply to the body in so far as they relate to property and income.

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